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2010-UP-307 - State v. Priest

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Brandon D. Priest, Appellant.


Appeal From Horry County
Kristi Lea Harrington, Circuit Court Judge


Unpublished Opinion No.  2010-UP-307
Submitted June 1, 2010 – Filed June 10, 2010


AFFIRMED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliot, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Brandon D. Priest appeals his sentence of eight years' imprisonment, suspended upon the service of four years' imprisonment, plus two years' probation for possession with intent to distribute cocaine.  Priest argues the plea court erred in refusing to accept his negotiated plea and refusing to give Priest an opportunity to withdraw his guilty plea before sentencing him in excess of the negotiated sentence.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) ("In order for an issue to be preserved for appellate review, it must have been raised to and ruled upon by the trial [court].  Issues not raised and ruled upon in the trial court will not be considered on appeal.").            

AFFIRMED.

HUFF, SHORT, and WILLIAMS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.